4.1.15 Executive Order

8/9/2019 4.1.15 Executive Order

1/7

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~ x c c u t i l c Bcpertmcnt

~ t o t of l i f o r n i a

EXECUTIVE ORDER B-29-15

WHEREAS on January 17, 2014, I proclaimed a State o Emergency to exist

throughout the State o California due to severe drought conditions; and

WHEREAS on April 25, 2014, I proclaimed a Continued State o Emergency

to exist throughout the State

o

California due to the ongoing drought; and

WHEREAS California s water supplies continue to be severely depleted

despite a limited amount o rain and snowfall this winter, with record low snowpack

in the Sierra Nevada mountains, decreased water levels in most o California s

reservoirs, reduced flows

in

the state s rivers and shrinking supplies

in

underground

water basins; and

WHEREAS the severe drought conditions continue

to

present urgent

challenges including: drinking water shortages

in

communities across the state,

diminished water

or

agricultural production, degraded habitat

or

many fish and

wildlife species, increased wildfire risk, and the threat o saltwater contamination to

fresh water supplies in the Sacramento-San Joaquin Bay Delta; and

WHEREAS a distinct possibility exists that the current drought will stretch into

a fifth straight year

in

2016 and beyond; and

WHEREAS new expedited actions are needed

to

reduce the harmful impacts

from water shortages and other impacts o the drought; and

WHEREAS the magnitude o the severe drought conditions continues

to

present threats beyond the control o the services, personnel, equipment, and

facilities of any single local government and require the combined forces o a mutual

aid region or regions to combat; and

WHEREAS under the provisions of section 8558(b)

o

the Government Code,

I find that conditions

o

extreme peril to the safety

o

persons and property continue

to exist

in

California due to water shortage and drought conditions with which local

authority

is

unable to cope; and

WHEREAS under the provisions o section 8571 o the California

Government Code, I find that strict compliance with various statutes and regulations

specified

in

this order would prevent, hinder, or delay the mitigation o the effects o

the drought.

NOW, THEREFORE,

I

EDMUND G. BROWN

JR.

Governor o the State o

California,

in

accordance with the authority vested in me by the Constitution and

statutes o the State o California,

in

particular Government Code sections 8567 and

8571 o the California Government Code, do hereby issue this Executive Order,

effective immediately.

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T IS HEREBY ORDERED THAT

1 The orders and provisions contained in my January 17, 2014 Proclamation,

my

April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14

remain

in

full force and effect except as modified herein.

SAVE WATER

2 The State Water Resources Control Board (Water Board) shall impose

restrictions to achieve a statewide 25 reduction

in

potable urban water

usage through February 28, 2016. These restrictions will require water

suppliers to California's cities and towns to reduce usage as compared to the

amount used in 2013. These restrictions should consider the relative

per

capita water usage

of

each water suppliers' service area, and require that

those areas with high per capita use achieve proportionally greater reductions

than those with low use. The California Public Utilities Commission is

requested to take similar action with respect to investor-owned utilities

providing water services.

3 The Department

of

Water Resources (the Department) shall lead a statewide

initiative, in partnership with local agencies, to collectively replace 50 million

square feet

of

lawns and ornamental turf with drought tolerant landscapes.

The Department shall provide funding to allow for lawn replacement programs

in underserved communities, which will complement local programs already

underway across the state.

4. The California Energy Commission, jointly with the Department and the Water

Board, shall implement a time-limited statewide appliance rebate program to

provide monetary incentives for the replacement of inefficient household

devices.

5 The Water Board shall impose restrictions to require that commercial,

industrial, and institutional properties, such as campuses,

golf

courses, and

cemeteries, immediately implement water efficiency measures to reduce

potable water usage in an amount consistent with the reduction targets · ·· ·

mandated by Directive 2

of

this Executive Order.

6. The Water Board shall prohibit irrigation with potable water of ornamental turf

on public street medians.

7 The Water Board shall prohibit irrigation with potable water outside of newly

constructed homes and buildings that is

not

delivered by drip or microspray

systems.

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8 The Water Board shall direct urban water suppliers to develop rate structures

and other pricing mechanisms, including but not limited to surcharges, fees,

and penalties, to maximize water conservation consistent with statewide

water restrictions. The Water Board is directed to adopt emergency

regulations, as it deems necessary, pursuant to Water Code section 1058.5 to

implement this directive. The Water Board is further directed to work with

state agencies and water suppliers to identify mechanisms that would

encourage and facilitate the adoption of rate structures and other pricing

mechanisms that promote water conservation. The California Public Utilities

Commission is requested to take similar action with respect to investor-owned

utilities providing water services.

INCRE SE ENFORCEMENT G INST W TER W STE

9

The Water Board shall require urban water suppliers to provide monthly

information

on

water usage, conservation, and enforcement

on

a permanent

basis.

10. The Water Board shall require frequent reporting o water diversion and use

by water right holders, conduct inspections to determine whether illegal

diversions or wasteful and unreasonable use o water are occurring, and bring

enforcement actions against illegal diverters and those engaging in the

wasteful and unreasonable use

o

water. Pursuant to Government Code

sections 8570 and 8627, the Water Board is granted authority to inspect

property or diversion facilities to ascertain compliance-with water rights laws

and regulations where there is cause to believe such laws and regulations

have been violated. When access is not granted by a property owner, the

Water Board may obtain an inspection warrant pursuant to the procedures set 1

forth in Title 13 commencing with section 1822.50)

o

Part 3

o

the Code

o

Civil Procedure for the purposes o conducting an inspection pursuant to this

directive.

11. The Department shall update the State Model Water Efficient Landscape

Ordinance through expedited regulation. This updated Ordinance shall

increase water efficiency standards for new and existing landscapes through

more efficient irrigation systems, greywater usage, onsite storm water

capture, and by limiting the portion

o

landscapes that can be covered in turf.

It will also require reporting

on

the implementation and enforcement of local

ordinances, with required reports due by December 31, 2015. The

Department shall provide information on local compliance to the Water Board,

which shall consider adopting regulations or taking appropriate enforcement

actions to promote compliance. The Department shall provide technical

assistance and give priority in grant funding to public agencies for actions

necessary to comply with local ordinances.

12. Agricultural water suppliers that supply water to more than 25,000 acres shall

include in their required 2015 Agricultural Water Management Plans a

detailed drought management plan that describes. the actions and measures

the supplier will take to manage water demand during drought. The

Department shall require those plans to include quantification o water

supplies and demands for 2013, 2014, and 2015 to the extent data is

available. The Department will provide technical assistance to water

suppliers in preparing the plans.

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13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of

irrigated lands shall develop Agricultural Water Management Plans and

submit the plans to the Department by July

1

2016. These plans shall

include a detailed drought management plan and quantification

o

water

supplies and demands in 2013, 2014, and 2015, to the extent that data is

available. The Department shall give priority in grant funding to agricultural

water suppliers that supply water to 10,000 to 25,000 acres

o

land for

development and implementation o Agricultural Water Management Plans.

14. The Department shall report to Water Board

on

the status

o

the Agricultural

Water Management Plan submittals within one month

o

receipt

o

those

reports.

15. Local water agencies

in

high and medium priority groundwater basins shall

immediately implement all requirements

o

the California Statewide

Groundwater Elevation Monitoring Program pursuant to Water Code section

10933. The Department shall refer noncompliant local water agencies within

high and medium priority groundwater basins to the Water Board by

December 31, 2015, which shall consider adopting regulations or taking

appropriate enforcement to promote compliance.

16. The California Energy Commission shall adopt emergency regulations

establishing standards that improve the efficiency

o

water appliances,

including toilets, urinals, and faucets available for sale and installation in new

and existing buildings.

INVEST IN NEW TECHNOLOGIES

17. The California Energy Commission, jointly with the Department and the Water

Board, shall implement a Water Energy Technology (WET) program to deploy

innovative water management technologies for businesses, residents,

industries, and agriculture. This program will achieve water and energy

savings and greenhouse gas reductions by accelerating use o

cutting-edge

technologies such as renewable energy-powered desalination, integrated on

site reuse systems, water-use monitoring software, irrigation system timing

and precision technology, and on-farm precision technology.

STRE MLINE GOVERNMENT RESPONSE

18. The Office

o

Emergency Services and the Department

o

Housing and

Community Development shall work jointly with counties to provide temporary

assistance for persons moving from housing units due to a lack

o

potable

water who are served by a private well or water utility with less than 15

connections, and where all reasonable attempts to find a potable water

source have been exhausted.

19. State permitting agencies shall prioritize review and approval of water

infrastructure projects and programs that increase local water supplies,

including water recycling facilities, reservoir improvement projects, surface

water treatment plants, desalination plants, stormwater capture, and

greywater systems. Agencies shall report to the Governor s Office on

applications that have been pending for longer than 90 days.

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20. The Department shall take actions required to plan and, if necessary,

implement Emergency Drought Salinity Barriers

in

coordination and

consultation with the Water Board and the Department o Fish and Wildlife at

locations within the Sacramento- San Joaquin delta estuary. These barriers

will be designed to conserve water for use later in the year to meet state and

federal Endangered Species Act requirements, preserve to the extent

possible water quality in the Delta, and retain water supply for essential

human health and safety uses in 2015 and in the future.

21. The Water Board and the Department

o

Fish and Wildlife shall immediately

consider any necessary regulatory approvals for the purpose o installation o

the Emergency Drought Salinity Barriers.

22. The Department

shall immediately consider voluntary crop idling water

transfer and water exchange proposals

o

one year or less

in

duration that are

initiated by local public agencies and approved in 2015 by the Department

subject to the criteria set forth

in

Water Code section

181

0.

23. The Water Board will prioritize new and amended safe drinking water permits

that enhance water supply and reliability for community water systems facing

water shortages or that expand service connections to include existing

residences facing water shortages. As the Department

o

Public Health s

drinking water program was transferred to the Water Board, any reference to

the Department o Public Health in any prior Proclamation or Executive Order

listed in Paragraph 1 is deemed to refer to the Water Board.

24. The California Department of Forestry and Fire Protection shall launch a

public information campaign to educate the public

on

actions they can take to

help to prevent wildfires including the proper treatment o dead and dying

trees. Pursuant to Government Code section 8645,

1

.2 million from the State

Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to

the California Department o Forestry and Fire Protection to carry out this

directive.

25. The Energy Commission shall expedite the processing o all applications or

petitions for amendments to power plant certifications issued by the Energy

Commission for the purpose of securing alternate water supply necessary for

continued power plant operation. Title 20, section 1769

o

the California

Code

o

Regulations is hereby waived for any such petition, and the Energy

Commission is authorized to create and implement an alternative process to

consider such petitions. This process may delegate amendment approval

authority, as appropriate, to the Energy Comm ission Executive Director. The

Energy Commission shall give timely notice to all relevant local, regional, and

state agencies o

any petition subject to this directive, and shall post

on

its

website any such petition.

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26. For purposes of carrying out directives 2-9 11, 16-17, 20-23, and 25,

Division 13 commencing with section 2 000)

of

the Public Resources Code

and regulations adopted pursuant to that Division are hereby

suspended. This suspension applies to any actions taken by state agencies,

and for actions taken by local agencies where the state agency with primary

responsibility for implementing the directive concurs that local action

is

required, as well as for any necessary permits or approvals required to

complete these actions. This suspension, and those specified in paragraph 9

of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014

proclamation, and paragraph 4

of

Executive Order B-26-14, shall remain

in

effect until May 31, 2016. Drought relief actions taken pursuant to these

paragraphs that are started prior to May 31, 2016, but not completed, shall

not be subject to Division 13 commencing with section 2 000)

of

the Public

Resources Code for the time required to complete them.

27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter

3 of Part 3 commencing with section 85225)

of

the Water Code are

suspended.

28. For actions called for in this proclamation in directive 20, the Department

shall exercise any authority vested in the Central Valley Flood Protection

Board,

as

codified in Water Code section 8521, et seq., that is necessary to

enable these urgent actions to be taken more quickly than otherwise possible.

The Director

of

the Department

of

Water Resources

is

specifically authorized,

on

behalf

of

the State

of

California, to request that the Secretary

of

the Army,

on

the recommendation

of

the Chief

of

Engineers

of

the Army Corps

of

Engineers, grant any permission required pursuant to section 14

of

the Rivers

and Harbors Act

of

1899 and codified in section 48

of

title 33 of the United

States Code.

29. The Department is directed to enter into agreements with landowners for the

purposes

of

planning and installation

of

the Emergency Drought Barriers in

2015 to the extent necessary to accommodate access to barrier locations,

land-side and water-side construction, and materials staging in proximity to

barrier locations. Where the Department is unable to reach an agreement

with landowners, the Department may exercise the full authority

of

Government Code section 8572. ·

30. For purposes

of

this Executive Order, chapter 3.5 commencing with section

11340)

of

part 1

of

division 3

of

the Government Code and chapter 5

commencing with section 25400) of division 15 of the Public Resources

Code are suspended for the development and adoption

of

regulations or

guidelines needed to carry out the provisions in this Order. Any entity issuing

regulations or guidelines pursuant to this directive shall conduct a public .

meeting on the regulations and guidelines prior to adopting them.

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31. In order to ensure that equipment and services necessary for drought

response can be procured quickly the provisions o the Government Code

and the Public Contract Code applicable to state contracts including but not

limited to advertising and competitive bidding requirements are hereby

suspended for directives 17 20 and 24. Approval by the Department o

Finance is required prior to the execution o any contract entered into

pursuant to these directives.

This Executive Order is not intended to and does not create any rights or

benefits substantive or procedural enforceable at law

or

in equity against the State

o

California its agencies departments entities officers employees or any other

person.

I FURTHER DIRECT that as soon as hereafter possible this Order be filed

in

the Office of the Secretary

o

State and that widespread publicity and notice be given

to this Order.

IN WITNESS WHEREOF I have

hereunto set my hand and caused the

Great Seal

o

the State

o

California to

be affixed this

1

5

day

o

April2015. ·

EDMUND

G

BROWN JR

Governor

o

California

ATTEST

ALEX PADILLA

Secretary o State

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4.1.15 Executive Order